Month: August 2009

It doesn’t take a rocket scientist to know that texting while driving a vehicle is a remarkably bad idea. The results may be deadly for both the texter and the person they hit.

Adults don’t generally try to text while they are driving; most likely due to the fact they realize it’s not a very smart move. Teens and inexperienced younger drivers, however, have a disturbing record for attempting to text while handling a car on the road. The consequences are not pretty. Consider the statistics that show 5,000 teenagers killed annually in traffic accidents. This isn’t to say they were all caused by the drivers foolishly texting while driving, but a significant proportion of that number were doing precisely that at the time of the collision that killed them.

Even more disturbing than those figures, another 2,500 people were also killed by vehicles driven by teens doing a variety of things like talking on a cell phone, yakking to their friends in the backseat or attempting to reply to an email with their Blackberry. Inattention kills. It’s just that simple. This nationwide problem is being dealt with in various ways by each state. If you’re unsure what the law says in your state, consult with an experienced personal injury attorney.

Some states are getting downright innovative in trying to address the problem of texting teens. For instance, New York recently voted to bring in a bill that not only bans texting while driving (statewide) but kicks up the license requirements for younger drivers. For instance, the practice driving that teens do with an adult prior to a road test and getting a junior license has been substantially increased. It went from 20 hours to 50 hours and added in 15 hours of night driving. In addition, a learner’s permit must be held for six months before a junior license is issued.

When it comes to the infamous Blackberries and various assorted pagers, personal digital assistance, laptops, gaming devices and other two-way messaging systems, they are simply banned outright, with the exception of being used for “emergency” situations. Of course, what constitutes an emergency for one person may not be an emergency for another. Fines run to $150. Interestingly enough, there is one odd exclusion and that is iPods. We’re not sure why those weren’t banned either, as listening to an iPod while driving means emergency vehicles can’t be heard and the driver can’t react appropriately to allow them to pass.

There is no doubt that text and driving don’t mix. Even in the state of Georgia there is a problem with this kind of irresponsible activity. Unfortunately Georgia only has a cell phone ban, but nothing in place for texting. Would a texting ban be a good piece of legislation to bring into effect in Georgia? Undoubtedly it would be; the question is what would it take to make that happen?

In many instances new legislation addressing problems like texting while driving doesn’t come into being until there have been a number of fatal accidents that highlight the behavior as a problem. While that’s a rough way to introduce lifesaving legislation, it may be what happens in Georgia’s case unless someone wants to advocate for change now.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

If you’ve ever spent any time on an Interstate Highway in the US, you will have had an up close and personal experience with sharing the road with a big rig.

There is no doubt that our highways are teeming with all types of vehicles, and some of the largest ones happen to be trucks and trailer units. Thanks to their massive size, these rigs are exceptionally deadly if involved in an accident. You’re looking at close to 80,000 pounds of steel hurtling down the road and it is unable to come to an immediate stop.

In fact, it takes three times the amount of time for an 18-wheeler to stop compared to a normal vehicle. This is a factor that people should keep in the back of their minds when they cut in front of a rig and then do something incredibly stupid like slow down or suddenly stop.

Most large rigs should really be looked at as accidents waiting to happen given their size and the number of things that may go wrong when they are traveling at high speeds on a highway. Aside from trucker negligence, there may be vehicle maintenance problems, tire problems, bad weather that makes it hard to drive or even uneven load distribution.

Whatever the cause of the accident, it’s a sad fact that roughly every 16 minutes there is a large rig accident in the US that takes a life or severely injures or disables another person. Large rig accidents cause some very traumatic injuries that include spinal cord injuries, brain injuries (coup and contre coup), broken bones, scars, acute bruising, paralysis, amputation and disfigurement.

While it may be the trucker at fault for the accident, or his employer, it’s best to discuss your case with an expert personal injury lawyer. Big rig accidents are never easy on the victim as they are complex and require a lot of groundwork to make a solid case. These cases are incredibly complex because of the nature of the liability and the number of people involved from the insurance company to the trucker and from the employer to the crew who maintained the road where the accident happened. Suffice it to say that there are a multitude of factors that need to be considered in big rig cases and only an experience personal injury attorney will be able to handle them.

Unfortunately, it’s a fact that many road rules go by the wayside when tired truckers attempt to meet often unrealistic delivery deadlines. Fatigue plays a significant role in accidents, as does the condition the driver and the truck itself, prior to the accident.

It’s the little details that count in preparing a personal injury lawsuit. Trust your attorney to do his job and make sure you obtain justice.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Premises liability law has been around for a lot of years, but still, many people don’t really understand what it means.

To put this simply, premises liability is all about someone falling and injuring themselves due to the carelessness or negligence of a business or property owner. If this happens, the victim has a right to pursue compensation for those injuries.

Typically, the person who owns a business or operates it, is liable for dangerous conditions that they know about and either don’t deal with them, and/or don’t warn people about the potentially dangerous situation. The other side of the coin is that they “should” have known about the dangerous condition by regularly inspecting the property.

There is such a big emphasis on knowledge because it is critical to the imposition of liability. So in the above example, the notice a landowner/business gets may be constructive or actual. For instance, if the owner of the property is the one who creates the dangerous situation, they are deemed to have actual notice of it, because they created it.

On the other hand, if the owner/operator or the workers don’t create a dangerous situation, they may still be liable for constructive notice of the danger. This means that the bad situation was there for such a long time they should have seen it or done something about it by doing regular inspections.

Let’s use the example of someone spilling hot coffee on a floor and it is not cleaned up. The actual proof of how long that spill has been there lies in the condition of the spill. If it’s partially dry or has footprints tracking through it, it’s obviously been there for some time, and therefore, the owner/manager should have known and done something about it. This is a good example of constructive notice.

Of interest, is that the most common mistake a business owner makes is in not warning people that come to his or her property that there may be an unavoidable danger. Some businesses, just because of the nature of what they do, are considered to be inherently dangerous.

Those businesses need to have the premises posted with warnings. If the venture is something like a swimming pool and they have a wet deck all the time and warn people about it, then they are not necessarily required to fix the situation (difficult to do if it’s a pool deck).

There are many other rules and exceptions when dealing with premises liability law, including third-party liability, so it’s best to speak to an attorney who is intimately familiar with the ropes. They will help you build a solid case.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Every year there are more deaths across America chalked up to medical errors. This is when a health care professional doesn’t offer the patient quality care, and injuries or death may result.

Medical malpractice/medical errors don’t just happen in the hospital, although this is the association that many people have when they think about this term. In addition, it’s not just physicians that may make the errors. Those who may make an error in medical management include surgeons, dentists, nurses, hospital workers, eye doctors and general practitioners.

If you have questions about the statistics, then make it a point to check out the Journal of the American Medical Association. One of their most notable articles indicates that roughly 12,000 deaths happen yearly thanks to unnecessary surgery. Close to 7,000 fatalities were the result of medication errors in hospital and nearly 20,000 deaths were the end result of other errors in a hospital setting. The dollar amount that goes along with these errors is astronomical.

You may be wondering what kinds of errors happen in a hospital setting besides medication errors, which typically leads the list of mistakes. In fact, a recent study done by the Institute of Medicine of the National Academies shows that at least 1.5 million people a year are harmed as a result of errors in medication.

There are actually a large number of things that may go wrong in a hospital, including surgical errors, medical experimentation, anesthesia errors, birth errors, misdiagnosis or delayed diagnosis, wrongful death, and failing to take the correct medical action deemed appropriate. This is just the tip of the medical error iceberg too.

If you’ve been the victim of a medical error, you may stand to lose your job, lose wages, perhaps suffer a permanent disability which may affect the quality of your life, loss of future income, ever increasing medical bills, chronic pain and much more. These are also some of the things you may be able to seek compensation for when you speak to a qualified medical malpractice lawyer.

An experienced med mal attorney will strive to ensure you recover appropriate compensation for the various losses we have discussed in this article.

Tim Anderson works with Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Malpractice means so many different things to different people, that the term when used in a legal setting really needs to be expanded upon for the sake of clarity.

The most crucial thing is to be able to distinguish between malpractice and other kinds of negligence. “Generally speaking the term malpractice refers to a set of circumstances when a professional (doctor, lawyer, dentist, accountant, etc.) fails to use the proper level of skill, diligence or care to perform their professional services. In failing to perform properly, this causes harm to patients or customers,” said Stephen Ozcomert, an Atlanta personal injury lawyer.

In general, a professional may be sued if s/he fails to perform their “professional” duties using the accepted standard of care, level of learning and skill one should reasonably expect from a person in their particular position. “Or to put this in simpler terms, the professional’s performance is held up in comparison to the performance standards of other professionals in the same field. So, if the level of performance is of a lesser standard than others, that person may be accused of malpractice,” added Ozcomert, who practices Atlanta personal injury law.

What a patient or customer needs to do to prove malpractice is show that they suffered an injury, damages or a loss because the person didn’t do their job properly. Malpractice charges may be laid against those practicing in a profession that is licensed or regulated by the state, which would include lawyers, surgeons, dentists and accountants. “There are other categories of professionals that cannot be held liable for malpractice, but may be held accountable for negligence,” outlined Ozcomert.

If someone feels they have been a victim of either malpractice or negligence, contact a highly qualified malpractice attorney and discuss the details of the case. “The lawyer will know the rules and regulations that need to be followed to file a proper malpractice lawsuit against another professional, even if it does happen to be another attorney,” commented Stephen Ozcomert, an Atlanta personal injury lawyer.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Many people choose not to pursue an accident claim. The reasons range from knowing the insurance company will settle; to they don’t want the legal hassles and expense.

The bottom line is that putting in a claim for compensation for personal injuries after an accident is pretty much an accepted right in the U.S. “While it may take some work to get the compensation for damages, it may well be worth it in the long-term, particularly if serious injuries have been sustained and a person’s life has been significantly altered because of it,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

“Keep in mind that even though an insurance company may settle on a claim without anyone having to do too much to get it done, the settlement is generally much lower than it could be if the case were taken to court,” explained Ozcomert. This is why most lawyers will advise their clients not to take the first settlement offer that comes along. Insurance companies want to accomplish one thing, closing the case and spending as little as they can to accomplish it.

Most accident claims do require some work to obtain compensation, but if the injuries are serious enough, the work will be well worth it. The first thing an attorney will need to do is be able to prove that the other person in the accident was the party “at fault.” Use a cell phone at the scene of the accident, if need be, to get clear pictures of the damage. They may come in handy in court.

Remember to get all the information needed from any eyewitnesses, report the accident to the police, and also get a copy of the accident report. Don’t assume there are no serious injuries, as many of them may be silent and not manifest themselves until a later time with drastic consequences. If an ambulance is needed, call one immediately and then contact an Atlanta personal injury attorney.

While the accident may have been partially the fault of both drivers involved, the party laying the claim for compensation may still claim and receive some damages. “The proportion or percentage of negligence in cases where both drivers are at fault is usually determined by the courts using the doctrine of contributory negligence. That may mean compensation won’t be 100%, but instead a proportion thereof,” explained Stephen Ozcomert, an Atlanta personal injury attorney.

There a great many other details that go into mounting a personal injury claim, so ensure the lawyer hired is big on aggressive representation for their clients to obtain justice.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

It should go without saying that wearing a motorcycle helmet will save lives, but many people opt not to wear them because they don’t look cool – a potentially deadly decision.

It’s cool to own and ride a motorbike or some other mode of transportation like that these days. It’s also economical because there isn’t as much gas being used, not to mention parking is a breeze. The point, however, is that despite the fact that motorcycles are cool in a lot of people’s books, they have the potential to be deadly – more deadly than a car if the truth were known.

Part of the truth lies in the number of accidents over the last few years involving motorcycles has increased by a staggering 50%. Throw in sales stats and it’s evident motorcycle sales are hopping. It’s the latest rage to beat the cost of gas. The latest rage has also cost over 4,700 deaths in the U.S.

The other truth that will hit home with a nasty shock is that the National Highway Traffic Safety Administration offers numbers that show motorcyclists are approximately 35 times more likely to be killed in accidents as compared to car drivers. Many of the deaths happen in the first year of owning a bike because of inexperience.

Generally speaking, the major causes of motorbike crashes include, but are not limited to, road conditions such as unexpected rumble strips, potholes, loose gravel, wet pavement and road debris. Driving errors rank second and include actions such as driving too closely to others, tailgating, swerving in and out between cars and not signaling properly. The thing that compounds a motorcycle accident is the lack of protection for the rider. Part of the lack of protection relates to not wearing a proper helmet.

Even though it would seem to be smart to ensure a rider’s head is protected from contact with the pavement and averting traumatic brain injury, there are still those who choose not to wear them. This seems to fly in the face of common sense when studies show that wearing a helmet cuts the risk of brain injuries by up to 88 percent. This is critical information, as a vast majority of motorcycle crash deaths are due to head injuries. Despite these statistics, less than 50 percent of motorcycle riders choose to wear their helmet, even if they happen to own one. In many instances, the helmet winds up being a decoration on the bike.

Motorcycle crash victims and their families need the expert legal representation that only a fully qualified personal injury lawyer is able to provide. If the victim survives, the attorney will be able to fight for compensation for their long-term care. If the victim died at the scene and this becomes a wrongful death suit, the attorney is able to obtain justice and compensation for the loss.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.

Medical malpractice is most often considered to be a lawsuit filed against a doctor for some form of negligence that caused a patient harm. In reality, there are numerous kinds of malpractice lawsuits.

These days when people read about medical malpractice in the media, they assume that the story will be about a doctor doing something negligently that severely injured or caused the death of someone. Not many people realize that malpractice law includes not only medical malpractice, but legal, dental, accounting, real estate and other types of malpractice.

The difficulty here is in knowing if a professional did act negligently. While it’s true that trying to pinpoint negligence when dealing with a doctor or lawyer, etc., is like trying to capture the wind at times, there are some signs and red flags that will indicate something is amiss.

Attorneys are required to live up to certain ethical standards, as they are in a position of great authority. People trust their legal counsel to provide the best advice for them. When legal advice is knowingly given that is not in the best interests of the client, there may be grounds for a malpractice lawsuit.
The sticking point here is proving the “poor” advice was given with the knowledge that it would be detrimental to the client. What is required to file a legal malpractice lawsuit is a verified attorney/client relationship and that the information given to the client had a direct adverse effect on that client and that the act of giving that poor advice was foreseeable as causing harm.

For doctors and dentists, the standard of care they should offer patients is of the very highest. After all, they are supposed to do no harm and act in a patient’s best interests. Mistakes covered up or not admitted to despite being fairly obvious, may be grounds to ask for damages for injuries suffered as a result of the mistakes.

The law dealing with this area of malpractice varies from state to state when it comes to the criteria to be met to file a lawsuit. To find out what is applicable in each state, contact an experienced medical malpractice attorney. In some instances it may also be necessary to find out how the state defines medical malpractice.
The bottom line in all malpractice suits is that the professionals handing out advice have trained for years to become what they are today. They are not supposed to make mistakes that harm or hurt others. Unfortunately however, professionals are human, and humans do make mistakes no matter how well they are trained.

Professional ethics aside, if a situation has occurred that caused injuries, death, legal or financial harm to befall an individual; they need to seek the advice of a malpractice attorney with a solid reputation for handling cases like this. Find out what rights the plaintiff has and then pursue them to obtain justice.

To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert or Atlanta personal injury, Atlanta personal injury lawyer, Atlanta personal injury attorney, visit Ozcomert.com.